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2023 Supreme(P&H) 732

HARKESH MANUJA
Pawan Kumar – Appellant
Versus
Vinod Dutt Sharma – Respondent


Advocates appeared:
Mr. A.P. Kaushal, Advocate for the petitioner.
Mr. Abhinav Gupta, Advocate for the respondent.

HARKESH MANUJA, J.

1. By way of present revision petition, challenge has been laid to an order dated 20.05.2023, passed by Rent Controller, Ludhiana, whereby an application filed at the instance of petitioner-tenant seeking permission to send his voice samples to the Central Forensic Science Laboratory, Chandigarh for comparing the same with audio/video clip recorded in the pendrive (Ex.R-1/A), was dismissed.

2. In the present case, an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as “1949 Act”) came to be filed by respondent-landlord on the ground of nonpayment of arrears of rent. In the written statement, petitioner-tenant took the stand that the rent was duly paid; on some occasions to the respondent-landlord and on few others to his son. In this regard, petitioner-tenant also relied upon one video-audio recording pertaining to the son of respondent.

3. Post framing of the issues, respondent-landlord appeared as PW-1 and the said video recording in a pendrive was even put to him after the same having been played in Court with due permission. The respondent-landlord denied the petitioner to be the person handing over

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